When visiting a medical professional, you expect the best care to be provided without the worry of mistakes which may lead to injury or complications. Unfortunately, this is not always the case. When doctor negligence causes injury, medical malpractice litigation may be necessary to obtain justice for you and your family.
Malpractice litigation can vary from state to state, but there are common issues that may be identified. The basic requirements for a meritorious medical malpractice case include:
You must have an actual doctor-patient relationship with the health care provider. In other words, the individual must be someone you hired to perform a service. If you simply overheard medical advice or never went to see a consultant physician, there would not be a valid professional relationship.
The health care provider was negligent and the negligence was the cause of the injury you suffered. For example, simply because the prescribed treatment for a chest cold did not cure or heal your illness, that would not constitute the cause of any injury. Or, if the doctor prescribed the wrong medicine, but you suffered no harm – again, there would be no valid claim.
Common reasons for malpractice litigation can include:
A failure to properly diagnose. Oftentimes, folks with chest pain go to a hospital emergency room and do not receive a timely, thorough heart examination and work-up. If injury results that may well justify a claim.
Treatment administered improperly. Even if the illness or injury is correctly diagnosed, treatment that is provided incompetently would qualify for malpractice consideration.
Failure to provide knowledgeable information regarding risks or potential side effects and/or complications with a recommended treatment. A provider is expected to understand and convey to the patient all reasonable foreseeable risks as well as the benefits of a procedure.
If malpractice litigation is being considered, one of the most important elements for filing a suit is time. Waiting after the injury, may make it more difficult to demonstrate malpractice; and, if you wait too long, the applicable statute of limitations or time-limit may expire. So, seek legal advice promptly.
Source: Nolo.com
